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    Attorney General of Tennessee

    From Ballotpedia - Reading time: 8 min
    Tennessee Attorney General

    TN Atty Gen logo.JPG

    General information
    Office Type:  Partisan
    Office website:  Official Link
    Compensation:  $193,488
    2019 FY Budget:  $40,630,400
    Term limits:  None
    Structure
    Length of term:   Eight years
    Authority:  Tennessee Constitution, Article VI, Section 5
    Selection Method:  Appointed by Tennessee Supreme Court
    Current Officeholder

    Attorney General of Tennessee Herbert H. Slatery
    Republican Party
    Assumed office: 2014-10-01

    Other Tennessee Executive Offices
    Governor • Lieutenant Governor • Secretary of State • Attorney General • Comptroller • Treasurer • Superintendent of Education • Agriculture Commissioner • Insurance Commissioner • Natural Resources Commissioner • Labor Commissioner • Public Service Commission

    The Attorney General of Tennessee is an appointed position in the Tennessee state government. The attorney general is the chief law enforcement officer and lawyer for the state.

    Tennessee is unique in that the attorney general is appointed by the Tennessee Supreme Court, rather than by the governor.[1]

    Tennessee has a Republican triplex. The Republican Party controls the offices of governor, secretary of state, and attorney general.

    Current officeholder[edit]

    The current officeholder is Republican Herbert H. Slatery. He assumed office on October 1, 2014.[2]

    Authority[edit]

    The office attorney general is established in Article VI, Section 5 of the state constitution.

    Article VI, Section 5:

    An attorney general and reporter for the state, shall be appointed by the judges of the Supreme Court and shall hold his office for a term of eight years. An attorney for the state for any circuit or district, for which a judge having criminal jurisdiction shall be provided by law, shall be elected by the qualified voters of such circuit or district, and shall hold his office for a term of eight years, and shall have been a resident of the state five years, and of the circuit or district one year. In all cases where the attorney for any district fails or refuses to attend and prosecute according to law, the court shall have power to appoint an attorney pro tempore.[1]

    Qualifications[edit]

    Note: Ballotpedia's state executive officials project researches the constitutional or statutory text that establishes the requirements necessary to qualify for a state executive office. That information for the Attorney General of Tennessee has not yet been added. After extensive research, we were unable to identify any relevant information on state official websites. If you have any additional information about this office for inclusion on this section and/or page, please email us.

    Appointments[edit]

    Tennessee state government organizational chart

    Title 8, Chapter 6, Part 1 of the Tennessee state code stipulates that the attorney general is appointed by the justices of the Tennessee Supreme Court to serve an eight-year term.[3]

    Vacancies[edit]

    Note: Ballotpedia's state executive officials project researches the constitutional or statutory text that details the process of filling vacancies for a state executive office. That information for the Attorney General of Tennessee has not yet been added. After extensive research, we were unable to identify any relevant information on state official websites. If you have any additional information about this office for inclusion on this section and/or page, please email us.

    Duties[edit]

    The attorney general is the chief lawyer and law enforcement officer in the state. The office's specific duties are outlined in Title 8, Chapter 6, Section 109 of the Tennessee state code. The attorney general is responsible for the following:[4]

    “
    1. The trial and direction of all civil litigated matters and administrative proceedings in which the state of Tennessee or any officer, department, agency, board, commission or instrumentality of the state may be interested;
    2. To attend to all business of the state, both civil and criminal in the court of appeals, the court of criminal appeals and the supreme court;
    3. To attend to all legal business connected with the management of the state treasury, or debts due and owing to the state, or debts and liabilities claimed against the treasury of the state, or suits brought against the comptroller of the treasury before any court where such litigation may be pending;
    4. To attend to any other legal duty which the comptroller of the treasury and the state treasurer may require the attorney general and reporter or such assistants to perform, connected with the state treasury;
    5. To give the governor, secretary of state, state treasurer, comptroller of the treasury, members of the general assembly and other state officials, when called upon, any legal advice required in the discharge of their official duties;
    6. To give the governor, secretary of state, state treasurer, comptroller of the treasury, members of the general assembly and other state officials, when called upon, written legal opinions on all matters submitted by them in the discharge of their official duties. Written opinions issued pursuant hereto shall be made available for public inspection. It is the legislative intent that when a request for a written legal opinion is from a member of the general assembly and concerns pending legislation, such request shall be replied to as expeditiously as possible;
    7. To report the decisions of the court of appeals, the court of criminal appeals and the supreme court of Tennessee in the manner prescribed by law;
    8. To examine and certify all bills of cost in the appellate courts of the state in which the state of Tennessee is interested before they are ordered to be paid by the state;
    9. To defend the constitutionality and validity of all legislation of statewide applicability, except as provided in subdivision (b)(10), enacted by the general assembly, except in those instances where the attorney general and reporter is of the opinion that such legislation is not constitutional, in which event the attorney general and reporter shall so certify to the speaker of each house of the general assembly;
    10. To exercise discretion to defend the constitutionality and validity of all private acts and general laws of local application enacted by the general assembly and of administrative rules or regulations of this state. However, a sufficient adversary relationship must exist before the discretion not to defend the constitutionality of all legislation of local application may be exercised. If such discretion not to defend is exercised, such decision shall be certified to the speaker of each house of the general assembly, in the same manner as provided in subdivision (b)(9);
    11. To notify the director of the fiscal review committee of any lawsuit filed in state or federal court, in which the state is a named party and the attorney general and reporter or assistants are representing the state, which contains as part of the pleadings an allegation which would raise an issue:
      • (A) Of insufficient funding of a law as enacted or amended, including any regulation authorized by such act; or
      • (B) That the implementation by a department, agency, or governmental entity of a law as enacted or amended, including any regulation authorized by such act, was accomplished in a manner which resulted in insufficient funding; which lawsuit, if adjudicated in the plaintiff's favor, would result in a mandated increase in state expenditures;
    12. To confer with the speaker of each house of the general assembly upon notification by the director of the fiscal review committee under § 3-7-109;
    13. To defend local education agencies and/or their present or past superintendents, board members, teachers, or nonprofessional staff members, hereinafter referred to as employees, upon the formal request in writing of any such employee in any case involving a claim of injury or damage alleged to have been proximately caused by acts or omissions of such employees within their scope of employment with the local education agency in detecting, managing or removing asbestos from any building or structure owned or controlled by the local education agency when the local education agency has complied with the United States environmental protection agency regulations relative to asbestos in schools. In the event that the attorney general and reporter determines that the best interest of the state or employee requires private counsel, the employee shall be notified, and shall have the right to file for reimbursement of defense cost in accordance with chapter 42 of this title in the same manner as state employees;
    14. To bring suit upon behalf of the state, local government units or local education agencies to recover public funds from entities financed by the funds and their directors or officers when the funds through the improper actions of the directors or officers have been used for unauthorized purposes, misapplied or misappropriated; and
    15. To attend to any other duty which may devolve upon, or be imposed upon, the attorney general and reporter by law.[5]
    		 ”

    Divisions[edit]

    As of January 11, 2021, divisions within the Attorney General's Office included:[6]

    • Executive Staff
    • Office of the Solicitor General
    • Civil Justice
    • Criminal Justice
    • Economic & Regulatory
    • Public Protection
    • Revenue

    State budget[edit]

    See also: Tennessee state budget and finances

    The budget for the Attorney General's office in Fiscal Year 2018-2019 was $40,630,400.[7]

    Compensation[edit]

    See also: Compensation of state executive officers

    DocumentIcon.jpg See statutes: Tenn. Code Ann. § 8-6-104 (2014)

    Title 8, Chapter 6, Section 104 (§ 8-6-104) of the Tennnesse Code Annotated sets the attorney general's annual salary equal to an associate justice of the Tennessee Supreme Court, payable in monthly installments out of the state treasury.[8]

    2020[edit]

    In 2020, the attorney general received a salary of $193,488 according to the Council of State Governments.[9]

    2019[edit]

    In 2019, the attorney general received a salary of $188,952 according to the Council of State Governments.[10]

    2018[edit]

    In 2018, the attorney general received a salary of $185,064 according to the Council of State Governments.[11]

    2017[edit]

    In 2017, the attorney general received a salary of $182,688 according to the Council of State Governments.[12]

    2016[edit]

    In 2016, the attorney general received a salary of $182,508 according to the Council of State Governments, making him the highest paid attorney general in the United States in 2016.[13]

    2015[edit]

    In 2015, the attorney general received a salary of $179,640 according to the Council of State Governments.[14]

    2014[edit]

    In 2014, the attorney general received a salary of $176,988 according to the Council of State Governments.[15]

    Historical officeholders[edit]

    There have been 27 Tennessee Attorneys General since 1831.[16]

    List of officeholders from 1831-Present
    # Name Tenure Party
    1 George T. Yerger 1831-39
    2 Return J. Meigs 1839
    3 West H. Humphreys 1839-51
    4 W.G. Swan 1851-54
    5 John L.T. Sneed 1854-59
    6 John W. Head 1859-62
    7 Th omas M. Coldwell 1865-70
    8 Joseph B. Heiskell 1870-78
    9 Benjamin J. Lea 1878-86
    10 George W. Pickle 1886-1902
    11 Charles T. Cates, Jr. 1902-13
    12 Frank M. Thompson 1913-26
    13 Charles L. Cornelius 1926
    14 L.D. Smith 1926-32
    15 Roy H. Beeler 1932-54
    16 George F. McCanless 1954 to 1969
    17 David M. Pack 1969-1974
    18 Milton P. Rice 1974
    19 R.A. Ashley, Jr. 1974-1976
    20 Brooks McLemore 1976-1978
    21 William M. Leech, Jr. 1978-1984
    22 W.J. Michael Cody 1984-1988
    23 Charles W. Burson 1988-1997
    24 John Knox Walkup 1997-1999
    25 Paul G. Summers 1999-2006
    26 Robert E. Cooper, Jr. 2006-2014 Electiondot.png Democratic
    27 Herbert H. Slatery 2014-Present Ends.png Republican

    Recent news[edit]

    The link below is to the most recent stories in a Google news search for the terms Tennessee Attorney General. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

    Attorney General of Tennessee - Google News

    Contact information[edit]

    Office of the Attorney General
    P.O. Box 20207
    Nashville, TN 37202

    Phone: 615-741-3491
    Fax: 615-741-2009

    See also[edit]

    Tennessee State Executive Elections News and Analysis
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    StateExecLogo.png
    Ballotpedia RSS.jpg
    Tennessee State Executive Offices
    Tennessee State Legislature
    Tennessee Courts
    2022 • 2021 • 2020 • 2019 • 2018 • 2017 • 2016
    Tennessee elections: 2022 • 2021 • 2020 • 2019 • 2018 • 2017 • 2016
    Party control of state government
    State government trifectas
    State of the state addresses
    Partisan composition of governors

    External links[edit]

    Footnotes[edit]

    1. ↑ 1.0 1.1 Tennessee State Government, "Tennessee Constitution, accessed January 11, 2021
    2. ↑ Tennessee Attorney General's Office, "Attorney General Slatery," accessed January 11, 2021
    3. ↑ Tennessee Code, Annotated: Title 8, Chapter 6, Part 1: General provisions," accessed January 11, 2021
    4. ↑ Lexis.com, "Tennessee State Code: Title 8, Chapter 6, Section 109," accessed January 11, 2021
    5. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    6. ↑ Tennessee Attorney General's Office, "Divisions," accessed January 11, 2021
    7. ↑ Tennessee Department of Finance and Administration, "2021 Budget Document," accessed January 11, 2021
    8. ↑ LexisNexis, "Tenn. Code Ann. § 8-6-104 (2014)" accessed January 11, 2021
    9. ↑ Council of State Governments, "The Book of the States 2020," accessed January 11, 2021
    10. ↑ Council of State Governments, "The Book of the States 2019," accessed January 11, 2021
    11. ↑ Council of State Governments, "The Book of the States 2018," accessed January 11, 2021
    12. ↑ Council of State Governments, "The Book of the States 2017," accessed January 11, 2021
    13. ↑ Council of State Governments, "Selected State Administrative Officials: Annual Salaries, 2016," accessed August 27, 2016
    14. ↑ Council of State Governments, "Selected State Administrative Officials: Annual Salaries, 2015," accessed August 27, 2016
    15. ↑ Council of State Governments, "Selected State Administrative Officials: Annual Salaries," accessed December 8, 2014
    16. ↑ Tennessee Blue Book 2019-2020, "Past Governors and Constitutional Officers of Tennessee," accessed January 11, 2021
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